JAGDISH SINGH KHEHAR,ROHINTON FALI NARIMAN
V. SREERAMACHANDRA AVADHANI (D) BY LRS. – Appellant
Versus
SHAIK ABDUL RAHIM – Respondent
JUDGMENT
Jagdish Singh Khehar, J.
1. Heard learned counsel for the parties.
2. Sheikh Hussein was married to Banu Bibi. During the subsistence of his matrimonial ties, Sheikh Hussein executed a gift deed on 26.04.1952, whereby a “tiled house” with open space in Survey No.883 in Eluru town, West Godavari District, Andhra Pradesh was gifted in favour of his wife Banu Bibi.
3. It is not a matter of dispute, that Banu Bibi enjoyed the immovable property gifted to her, during the lifetime of her husband Sheikh Hussein. Sheikh Hussein died in 1966. Even after the demise of Sheikh Hussein, Banu Bibi continued to exclusively enjoy the said immovable property. On 02.05.1978, Banu Bibi sold the gifted immovable property, to V.Sreeramachandra Avadhani. The vendee V.Sreeramachandra Avadhani is the appellant before this Court (through his legal representatives).
4. Banu Bibi died on 17.02.1989. On her demise, the respondents before this Court - Shail Abdul Rahim and Shaik Abdul Gaffoor issued a legal notice to the vendee. Through the legal notice, they staked a claim on the abovementioned gifted immovable property. In the notice, the respondents asserted, firstly, that Banu Bibi had only a life inte
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